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Monday, July 31, 2023

Taco Bell Sued For False Advertising Of Amount Of Filling In Crunchwraps, Mexican Pizzas - Forbes

Topline

Taco Bell was sued Monday by an unhappy customer alleging in a proposed class-action suit that the restaurant chain deceived customers by falsely advertising the amount of food in the Mexican Pizza, Crunchwrap Supreme and other items.

Key Facts

Frank Siragusa, the plaintiff, said in the suit that Taco Bell overstates the amount of beef and other ingredients “by at least double” in its Crunchwrap Supreme, Grande Crunchwrap, Vegan Crunchwrap, Mexican Pizza and Veggie Mexican Pizza, resulting in “unfair and deceptive trade practices.”

He argued the alleged false advertising is “especially concerning” now because of inflation, saying the promise of large portions leads low-income customers to choose Taco Bell over restaurants that more accurately depict portions.

The case was filed in the Eastern District of New York District Court, and states all people who purchased one of the allegedly impacted products at a New York Taco Bell on or after July 31, 2020, are eligible to be part of the class.

Siragusa is asking the district court to prevent Taco Bell from selling the items unless they “provide corrected advertising” and make Taco Bell “fully compensate” people who purchased one of the menu items from July 31, 2020 through the date of the final disposition.

Forbes has reached out to Taco Bell for comment.

Crucial Quote

“Taco Bell advertises larger portions of food to steer consumers to their restaurants for their meals and away from competitors that more fairly advertise the size of their menu items, unfairly diverting millions of dollars in sales that would have gone to competitors,” Siragusa’s team wrote in the complaint.

Surprising Fact

This isn’t the first time Siragusa's lawyers have filed a suit like this. Reuters reported that one of his lawyers filed a still-pending suit against McDonald's and Wendy's last year over the size of their burgers and how they match up to what’s advertised. His other lawyer sued Burger King for a similar issue, but that went to mediation and wasn’t resolved, Reuters reported.

Tangent

This is at least Taco Bell’s second legal battle in recent months. In May, the taco chain announced it would be pursuing legal action against Taco John’s, another taco chain, over its trademark on the phrase “Taco Tuesday.” Taco Bell argued the phrase “should belong to all who make, sell, eat and celebrate tacos.” Two months later, Taco John’s announced it would “share” the catch phrase, saying it was giving up the trademark because “paying millions of dollars to lawyers to defend our mark just doesn’t feel like the right thing to do.”

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Taco Bell Sued For False Advertising Of Amount Of Filling In Crunchwraps, Mexican Pizzas - Forbes
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